You should make intervenor application for being added as party
2) since C has already sold the property he would not like to spend money on legal fees defending the suit
3) if B succeeds Court would direct sale to be set aside
Collusive suit involving my property
Lets say there is land originally owned by person A. He sold it to person B in 1974; B sold it to C in 2000; C sold it to D. I purchased it from D. A -> B -> C -> D -> Me. The property is registered in my name and I am in physical procession of the same. However recently I learned that person B has filed suite on C in civil court in 2019. The case is awaiting for next hearing. They have written the OS number on my property wall. - Do I need to become a party of the suit and give evidence to the court? - Is there any problem to my property if I become a party to this? - What will happen if I don't become a party and either B or C wins the case.
Asked 1 year ago in Property Law
Religion: Hindu
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11 Answers
you can become a party to the suit and present evidence to the court, if needed. However, if you do not become a party to the suit, you will still be bound by the court's judgement. If either B or C wins the case, the court's judgement will be binding on you as well. Therefore, it is advisable to become a party to the suit and present your evidence to the court.
Hello,
- It is advisable that you join party to the case as you are a necessary party as you have purchased the property and in your possession and the outcome of the case can have its repercussions on your ownership and possession.
- There is no problem to your property in becoming a party to the case as you have a valid registration certificate and have paid a consideration for the same.
- It will depend on the directions in the Court's order and that may compel you to approach the court in a new civil suit. Therefore, your joining the case now would be most advisable.
You should appear in suit ...at least you should know what exactly the suit is.
You should not avoid the court summon otherwise you will exparte.
Get a copy of plaint see the allegation and file written statement along with Order 7 rule 11 application.
Don't afraid of going court... property is yours nothing will happen. But you should defend the allegation otherwise you never know what will be the court order in your absence.
If you have not been impleaded as party to the suit involving the property purchased by you vide a registered sale deed, then it becomes your duty to to participate in the ongoing civil case as necessary party and challenge the claim made by the plaintiff especially to defend your interests in the property.
If you ignore it then you may have to face the adverse issues as a development post judgment going against your vendor.
- If the suit filed by C against D is decreed, sale from D to you will be invalid. You need to impleade yourself in the suit to protect sale to you.
- There will be problem if you don’t join the suit.
- Property will be recovered from you and handed over to C.
1. Yes if your evidence is necessary
2. No
3. It will be on merits
File a caveat petition first. through a competent lawyer. Implead yourself in the ongoing suit as a necessary party to protect your title. Otherwise you stand the risk of an ex parte order detriment to your interests.
- If you have purchased the said property with a registered sale deed and got the physical possession of the property , then you are the absolute legal owner of the property.
- Further, as you have purchased this property from D , then in the case of any trouble in the title , he will be responsible for the same , as the sale deed is already having such clauses
- Further, you should enquire from the court for knowing the details of the case filed by B against C , and if this suit is for declaring the sale deed of C as null & void , then you can face the consequences after passing the decree in favour of B.
- Hence, you can file an application for becoming a party in the said case for informing the court that you are in possession being the legal owner of the property.
1. B is supposed to make you the necessary party in the case.
2. Collect the copy of the plaint filed by B to understand what is his claim/prayer to further decide on the matter.
3. If B had sold the property to C before 12 years, then he has crossed the limitation to file the case.
4. After coming to know what does B want, you can decide whether you should be the intervening party or not.
If person B has filed a suit against person C and the property in question is involved in that suit, then as the current owner, you may need to become a party to the suit and give evidence to the court if required. You should consult a local lawyer who can examine the details of the case and advise you on your options.
If you become a party to the suit, there is a chance that your property may be affected if either party wins the case. If the court rules in favor of person B and finds that person C did not have a right to sell the property to person D, then the sale of the property to you may be considered invalid, and you may lose the property. On the other hand, if the court rules in favor of person C and finds that the sale was valid, then you should not have any problem with your property.
If you do not become a party to the suit, and either person B or person C wins the case, the court's decision may still affect your property. If person B wins, they may seek to enforce their claim against your property. If person C wins, they may claim that they still have an interest in the property and may seek to assert their rights against you.
In any case, it is advisable to consult a local lawyer who can advise you on the best course of action based on the facts of the case and the applicable laws.
